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(영문) 부산지방법원 2015.04.13 2015고정97
소방시설설치ㆍ유지및안전관리에관한법률위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A was established for the purpose of 13 types of businesses, such as the general educational service business, and was in charge of the president’s position of “B” who owns the building B located in Geum-gu, Busan.

Where fire-fighting systems, etc. to be equipped in consideration of the size and purpose of a specific fire-fighting object, the number of accommodation thereof, etc. fail to be installed or maintained in accordance with the fire safety standards, the interested person of a specific fire-fighting object shall perform such order if the

Nevertheless, on July 1, 2014, the Defendant was ordered by the head of Geumcheon-gu fire station to perform the correction and supplementation of defective fire-fighting systems, etc. on August 25, 2014 as a result of the comprehensive precise inspection of the building B, but did not implement it until August 28, 2014.

2. Defendant B, at the time and place specified in paragraph (1), committed the Defendant’s act of violation as described in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Sponsories about deficiencies of fire-fighting systems as a result of comprehensive precision inspections;

1. Application of fire-fighting statutes to reports on detection of violations;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 48-2 Subparag. 1 and Article 9(2) of the Act on the Installation, Maintenance, and Safety Control of Fire-Fighting Systems, and Selection of fines;

(b) Defendant B: Articles 52, 48-2 subparagraph 1, and 9 (2) of the Act on the Installation, Maintenance, and Safety Control of Fire-Fighting Systems;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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